G-0QFKQHVG29, GT-NS9Z3R7D
See all Properties

TERMS AND CONDITIONS OF THE FARHUT.COM WEBSITE

TERMS AND CONDITIONS OF THE FARHUT.COM WEBSITE

1. PRELIMINARY PROVISIONS

  1. Farhut.com is owned by FARHUT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Wroclaw, Poland, street Marszalka Pilsduskiego 74/320, 50-020; entered in the Register of Entrepreneurs of the National Court Register under the KRS number 1128253; share capital in the amount of: 5000PLN; NIP: 8971943027; REGON: 52969335 (hereinafter: "Service Provider").

  2. These Terms and Conditions are addressed to all persons using the Website, unless a specific provision states otherwise. The provisions of these Regulations are not intended to exclude or limit any rights of Consumers, as well as Entrepreneurs on Consumer Rights to which they are entitled under mandatory provisions of law. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned laws, those laws shall prevail.

  3. Terms used in these Regulations and beginning with a capital letter have the following meanings:

    • a. BLOG - Electronic Service, an online blog available on the Website and maintained by the Service Provider for all visitors to the Website.
    • b. ADD AN ADVERTISEMENT - Electronic Service, an interactive form available on the Website that allows the Service Recipient to post an Announcement on the Website.
    • c. CONTACT FORM - Electronic Service, an interactive form available on the Website that allows the Customer to make contact with the Service Provider.
    • d. RESERVATION FORM - Electronic Service, an interactive form available on the Website that allows the Service Recipient, through the Service Provider, to send an inquiry to the Service Provider regarding a real estate appraisal. The Service Provider acts as an intermediary in the initial communication between the Client interested in the Advertisement and its Advertiser. The Service Provider does not guarantee the conclusion of a contract between the Service Provider and the Client interested in its Advertisement regarding this contract or the content and proper execution of this contract.
    • e. CONSUMER - an individual for whom the use of Farhut.com and its Electronic Services is not directly related to his/her economic or professional activity.
    • f. USER ACCOUNT, ACCOUNT - Electronic Service, marked with an individual name (login) and password provided by the Customer, a set of resources and functionalities available in the Farhut.com ICT system, in which data provided by the Customer, information about posted Advertisements and other activities on the Website are stored. The Account also enables the use of other Electronic Services available on the Website - for which the requirement to have an Account has been indicated.
    • g. CIVIL CODE - the Civil Code Act of April 23, 1964 (i.e., Journal of Laws 2022, item 1360, as amended).
    • h. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about news and updates on the Website.
    • i. NOTICE - announcement on the subject of real estate or hotel room for rent.
    • j. ADVERTISER - the entity responsible for the addition of the Advertisement. Information about the author of the Announcement responsible for its content and conditions is given each time near the Announcement in question.
    • k. AUTHOR'S LAW - the Law of February 4, 1994 on Copyright and Related Rights (i.e. Journal of Laws 2022, item 2509).
    • l. ENTERPRISE UNDER CONSUMER RIGHTS - a natural person for whom the use of Farhut.com and its Electronic Services is directly related to his/her business activity, when the circumstances indicate that it is not of a professional nature for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
    • m. REGULATIONS - these regulations of the Website.
    • n. INTERNET SERVICE, SERVICE, FARHUT.COM - the Service Provider's website available at the Internet address https://farhut.com.
    • o. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to Service Recipients via the Website in accordance with the Terms and Conditions.
    • p. USER - anyone who uses or intends to use the Electronic Services available at Farhut.com, that is: (1) a natural person having full legal capacity, and in cases provided for by generally applicable laws, also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law.
    • q. SERVICE PROVIDER - FARHUT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ based in Wroclaw, Poland, street Marszalka Pilsduskiego 74/320, 50-020; entered in the Register of Entrepreneurs of the National Court Register under the KRS number 1128253; share capital in the amount of: 5000PLN; NIP: 8971943027; REGON: 52969335 (hereinafter: "Service Provider"). 
    • r. CONSUMER RIGHTS ACT - Act of May 30, 2014 on consumer rights (i.e. Journal of Laws of 2020, item 287, as amended).
    • s. SEARCH ENGINE - Electronic Service, available to all Service Recipients, search engine located on the Website allowing to search for Advertisements posted on the Website according to selected search criteria.

2. GENERAL TERMS AND CONDITIONS OF USE OF FARHUT.COM

  1. The Client is obliged to use the Website in accordance with its subject matter and purpose, these Regulations, and in a manner consistent with the law and good morals, taking into account respect for personal property and copyright and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data consistent with the facts. The recipient is prohibited to provide content of an unlawful nature. The recipient is prohibited from sending unsolicited commercial information (spam) via the Website. The Customer is prohibited from taking any action that interferes with the proper operation of Farhut.com.

  2. The Service Recipient is fully responsible for all content and data it transmits, stores, shares, distributes and publishes on the Service.

  3. The Service Recipient, when posting or submitting any content and data within the Service, is obliged to have all the required rights and permissions to post such content and data on the Service, in particular the copyright or required licenses, permissions and consents to use, distribute, share, publish, etc., especially the right to publish and distribute on the Internet, online system, and the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties.

  4. The Service Provider complies with Article 14(1) of the Act of July 18, 2002 on the provision of services by electronic means (i.e. Journal of Laws of 2020, item 344), according to which the Service Provider shall not be liable for the illegality of the Customer's data stored on Farhut.com if it does not know about the unlawful nature of the data or related activity, and if it receives official notification or obtains reliable information about the unlawful nature of the data or related activity, it shall immediately prevent access to such data.

  5. Technical requirements necessary for cooperation with the information and communication system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) inclusion of cookies and Javascript support in the web browser.

  6. The Service Provider makes reasonable efforts to make the use of the Website safe for the Service Recipients. However, the use of the Website is associated with the standard dangers found on the Internet. The primary threat to any Internet user, including those using the Electronic Services, is the possibility of "infecting" the ICT system with various types of software created primarily to cause damage or gain unauthorized access to the Service Recipient's data. Therefore, in order to avoid the risks associated with this, the Service Provider recommends that the Service Recipient equip his/her equipment, which he/she uses when connecting to the Internet, with an anti-virus program and constantly update it by installing the latest versions.

  7. The Service Provider shall make reasonable efforts to make the use of Farhut.com understandable and transparent to the Service Recipients, but cannot guarantee that each Service Recipient will be able to operate the Electronic Services independently or that they will prove useful in achieving the purposes expected by the Service Recipient. To the fullest extent permitted by applicable law, Service Provider shall be deemed to provide the Electronic Service as provided and shall not make any implied or explicit assurances as to its usefulness for specific uses. The disclaimer referred to in the preceding sentence is not intended to exclude or limit the Service Provider's statutory liability to Consumers or Entrepreneurs on Consumer Rights, in particular for improper performance.

3. ELECTRONIC SERVICES AT FARHUT.COM

  1. Any Service Recipient may use the Website under the terms and conditions indicated in the Regulations.

  2. The Customer may use the following Electronic Services on the Website:

    • a. Account
    • b. Add Announcement
    • c. Booking Form
    • d. Search engine
    • e. Contact Form
    • f. Blog
    • g. Newsletter

  3. A detailed description of the Electronic Services and the rules of their operation is available in the Regulations.

  4. The use of the Website and its Electronic Services is free of charge.

  5. Contracts for rental or accommodation in a hotel room concluded between Users on the basis of reservations made on the Website are for a fee. The Internet Service allows making a reservation, on the basis of which the parties conclude a contract of lease or accommodation in a hotel room. These Terms and Conditions regulate the procedure for making reservations, but do not regulate the content or terms of payment indicated in the preceding sentence of rental agreements or accommodation in a hotel room.

4. TERMS AND CONDITIONS OF USE OF THE RECIPIENT'S ACCOUNT

  1. The Electronic Service of the Customer's Account is provided free of charge and for an indefinite period of time.

  2. The use of an Account is possible after a total of three consecutive steps have been performed by the Customer - (1) completing the interactive registration form available on the Website, (2) clicking on the action field, and (3) confirming the desire to create an Account by clicking on the link automatically sent to the e-mail address provided. In the registration form, it is necessary for the Service Recipient to provide the following data concerning the Service Recipient: first and last name, address (street, house and/or apartment number, postal code, city), e-mail address, telephone number and password. In the case of a Customer who is an entrepreneur, it is also necessary to provide the company name and Tax Identification Number.

  3. For security reasons, the Service Recipient should ensure that the chosen password for logging into the Account is appropriately complex and is not a repetition of the password used by the Service Recipient on other websites and web applications.

  4. The use of the Account and its individual functionalities may also require the provision of other data by the Customer - each time information about the scope of the required data is provided on the Website, before using a specific functionality (e.g. before posting an Advertisement).

  5. The customer is obliged to keep his/her data provided within the Account up-to-date in case of any changes.

  6. The Client without the consent of the Service Provider may have only one Account at a time.

  7. The recipient is obliged to keep the access data to the Account secret from third parties. The service recipient is not authorized to grant access to the Account to others, including through the lease or lending of the Account.

  8. The Client has the option, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: contact@farhut.com. The Service Recipient may also delete the Account on his/her own by using the appropriate option available in the Account settings. Once the Account is deleted, it is no longer possible to log in or use its functions. The Service Recipient can re-establish the Account following the same procedure as the initial setup. If the Account has been deleted by the Service Provider for reasons attributable to the Service Recipient, in the manner and cases indicated in these Terms and Conditions, the re-creation of the Account by the Service Recipient is possible only with the consent of the Service Provider.

  9. Deletion of the Account by any means shall lead to the deletion of all data assigned to the Account, provided that this shall be without prejudice to the Service Provider's ability to continue to store the Customer's personal data for the period of time necessary to fulfill the other purposes of processing (other than maintaining the Account) consistent with Farhut.com's privacy policy.

5. TERMS OF ADDING AN AD

  1. One of the features of an Account on the Website is the ability to post an Announcement, which will then become visible on the Website and available to all visitors to Farhut.com.

  2. By posting an Announcement, in addition to the content of the Announcement, certain data of the Service Recipient, voluntarily provided by the Service Recipient as part of the Account on the Site, become publicly available to those viewing the Announcement. The data referred to in the preceding sentence may include: name/company name, e-mail address and contact telephone number of the Advertiser.

  3. It is possible to post an Announcement by using the Electronic Service Add Announcement available on the Website after logging into the Account.

    • a. Posting of an Advertisement follows a total of three consecutive steps by the Service Recipient - (1) selection of the property to which the Advertisement is to relate, (2) filling out the interactive form for adding the Advertisement with the data indicated as mandatory (in particular, the Advertiser's contact information and detailed information about the property), and (3) clicking on the action field after filling out the form and after approval of the Advertisement by the Service Provider - once approved, the content of the Advertisement is published on the Website.
    • b. In case of any doubt, the Service Recipient should be guided by the instructions and messages displayed on the Site, including the detailed description of the various fields of the form.
    • c. After publishing an Announcement, the Announcer, through his/her Account, can edit his/her Announcement, add photos or other graphic materials to it or deactivate it.

  4. The advertisement is visible by default on the Website indefinitely. The advertisement may be withdrawn by the Client, or it may be withdrawn or removed by the Service Provider in the manner and in the cases indicated in these Regulations.

  5. The Customer posting an Advertisement is obliged to post factually correct, clear, understandable, reliable and not misleading information on the subject and conditions of the Advertisement. The posting of an Announcement shall not violate the provisions of generally applicable law or the rights of third parties. The Advertisement should reflect the actual intention of the Service Recipient. The Announcement, its subject and content should be in accordance with the law and good morals, taking into account, in particular, respect for personal rights and copyrights and intellectual property rights of the Service Provider, other Service Recipients and third parties.

  6. The recipient is obliged not to post unlawful content within the Announcement (including through photos and/or other visual materials).

  7. The Service Recipient is obliged to post an Advertisement with content that corresponds to the theme of the Website and in the appropriate category for the type of Advertisement. It is forbidden for the Client to display Advertisements for the sale of goods and services unrelated to the subject matter of the Website, i.e. other than Advertisements for short-term or long-term rental of real estate or hotel room accommodation.

  8. The Service Recipient is obliged to formulate the content of the Announcement in a manner that is clear and understandable to other Service Recipients.

  9. The Customer may edit the content of the Announcement throughout the period of its visibility on the Website, using the appropriate options available in the Account settings.

  10. The Service Provider does not guarantee to Service Recipients that their Advertisements will be of interest. The Service Provider makes no express or implied assurances that the Website will prove useful in finding people interested in the properties that are the subject of the Advertisements.

  11. In case of reasonable suspicion that an Advertisement violates the terms of these Regulations, any Service Recipient may send a report to the Service Provider using the Contact Form. After reviewing the report, the Service Provider may take appropriate measures against the Advertiser to the extent provided in Section 9. of the Regulations. In addition, in the case of Advertisements containing unlawful data, the Service Provider will also be obliged by law to immediately prevent access to such data.

6. TERMS OF USE OF OTHER ELECTRONIC SERVICES

  1. Electronic Service Reservation Form - the use of the Reservation Form is possible after navigating to the page of any Advertisement posted on the Website and begins when the form is called up using the action field. Submitting an inquiry using the Booking Form service requires two consecutive steps to be taken by the Service Recipient - (1) filling out the interactive form with the data indicated as mandatory and (2) clicking on the "Book" field on the Website page after filling out the form. In the form, it is necessary for the Service Provider to select information regarding the reservation it is making, including, but not limited to, the date and number of guests, and for the Service Recipient to provide the Announcer with the following data regarding the Service Recipient: name/company name, residential address, telephone number and e-mail address.

  2. The reservation requires confirmation of the advertiser within 24 hours of its submission by clicking on the link sent in the email or on the advertiser's Account. In case of non-confirmation, the reservation is automatically canceled of which both parties are informed.

  3. The Electronic Service Reservation Form is provided by the Service Provider free of charge and is of a one-time nature and is terminated when a reservation is made through it or when the Service Recipient discontinues making reservations through it in advance.

  4. The Service Provider, through an algorithm directed at analyzing properties for remote work, can evaluate the properties available through Advertisements and publish these evaluations on the Website.

  5. Electronic Search Service - use of the Search Engine is possible on the home page of the Website or by going to the appropriate tab of the Website. Depending on the choice of the Service Recipient, the Search Engine allows searching in a simple mode (typing the search term and confirming it with the action field) or in an advanced mode (using additional categories, filters and sorting options for search results). After using the Search Engine, the Service Recipient is presented with the search results, which include a list of Ads available on the Website's Web site that correspond to the entered phrase and the selected search category. For additional information on the placement of Advertisements on the Website, please refer to Section 10 of the Terms and Conditions.

  6. Use of the Search Engine is always free of charge, non-recurring, and terminates upon use by the Customer or upon early exit from the Website.

  7. Electronic Service Contact Form - use of the Contact Form is possible after going to the "Contact" tab visible on the Website and requires the Customer to complete two consecutive steps - (1) filling out the Contact Form with the data indicated as mandatory and (2) clicking on the "Send" field on the Website after filling out the Contact Form. In the Contact Form, it is necessary for the Service Recipient to provide at least the content of the message addressed to the Service Provider and the following data concerning the Service Recipient: name/company name, telephone number and e-mail address, through which the Service Provider will be able to respond.

  8. The Electronic Service Contact Form is provided free of charge and is of a one-time nature and is terminated upon the sending of a message through it or upon the earlier cessation of sending messages through it by the Service Recipient.

  9. Newsletter Electronic Service - use of the Newsletter takes place after providing in the Newsletter box visible on the Site the e-mail address to which subsequent editions of the Newsletter are to be sent, clicking on the action box and confirming the desire to subscribe to the Newsletter by clicking on the confirmation link sent to the provided e-mail address.

  10. The Customer may, at any time and without giving any reason, resign from the Account and the Newsletter by sending an appropriate request to the Service Provider via e-mail to: contact@farhut.com. Resignation from the Newsletter is also possible by selecting the appropriate option within the Account and by clicking on the resignation link provided in each message sent within the Newsletter.

  11. Electronic Blog Service - use of the Blog is possible after accessing the Website - the Blog is available to all visitors to the Website without the need to provide any data or perform any other actions.

  12. The Service Recipient has the ability to stop using the Blog at any time and without giving any reason by closing the Internet browser.

7. LIMITATION, SUSPENSION AND TERMINATION OF ELECTRONIC SERVICES

  1. The Customer may cancel the use of Farhut.com and individual Electronic Services at any time and without giving any reason, in accordance with the terms of use indicated in these Terms and Conditions.

  2. In case of reasonable suspicion that the Advertisement, other content or activities of the Customer on the Website violate the terms of these Regulations, the Service Provider shall be entitled to take appropriate measures in accordance with the following provisions of Section 9. of the Regulations.

  3. The Service Provider shall, in the first instance, endeavor to clarify any doubts regarding the compliance with these Regulations of the Advertisements, other content or activity of the Client on the Website directly with the Client in question. For this purpose, the Service Provider may contact the Client via e-mail. A reasonable suspicion of a Client's violation of the Terms and Conditions further entitles the Service Provider to immediately take one or more of the listed actions, along with the reason for them:

    • a. sending the Service Recipient a reminder or request to take certain actions to bring his activity on the Site into compliance with these Regulations;
    • b. Removal of content entered by the Customer on the Site, including Advertisements or parts thereof to the extent that they violate these Regulations;
    • c. modification of the content entered by the Service Recipient on the Site in order to bring it into compliance with the Regulations, if possible without changing its substantive meaning;
    • d. Changing the category of the Advertisement posted by the Service Recipient.

  4. The Service Provider shall take the above actions in a manner that is reasonable, necessary and proportionate to the type, scale and repetition of the violations committed. The Service Provider, in deciding whether to take certain actions against a Client, shall be guided in particular by the need to ensure the safety of other Service Recipients and the Website from the harmful effects of such violations.

  5. Notwithstanding items. 7.3 - 9.4 above, in the event that the Service Provider receives credible information that the Advertisement or other content of the Client available on the Site or related activity is unlawful, the Service Provider shall be authorized under generally applicable laws, including Article 14.1 of the Act of July 18, 2002 on Provision of Services by Electronic Means (i.e. Journal of Laws of 2020, item 344), to immediately remove that Advertisement, the Client's Account or other unlawful content from the Site.

  6. In addition to the above provisions, the Service Provider reserves the right to limit, suspend, and ultimately terminate the entire provision of its Electronic Services to a given Service Recipient. In the case of Service Recipients - Advertisers, this may also occur with respect to individual Advertisements issued by these Service Recipients on Farhut.com. The Service Provider shall take the actions referred to above only if and to the extent that they are necessary, subject to the following conditions:

    • a. The grounds for restriction, suspension, and ultimately termination of the provision of Electronic Services to a given Service Recipient may be:

      • i. Provision of incomplete (where mandatory) or false contact information (e.g., name, e-mail address) by the Customer on the Site;
      • ii. display of the Advertisement (including its subject matter and description) by the Customer violates the provisions of generally applicable law, decency, rules of social intercourse or the rights of third parties;
      • iii. the display of the Advertisement (including its subject matter and description) by the Service Recipient violates the terms and conditions for the display of Advertisements indicated in the Regulations;
      • iv. Sending messages of a spam nature to other Service Recipients, including content of an advertising, advertisement or commercial information encouraging the use of websites competing with the Website, including website addresses, names and logos of such websites, as well as messages aimed at phishing, including confidential data such as the Account password;
      • v. Issuance of Announcements by the Service Recipient for a purpose other than the one implied by the content and subject matter of the Announcement;
      • vi. description, subject matter or content of the Announcement does not reflect the actual intention of the Service Recipient;
      • vii. the actions of the Service Recipient in question threaten to unlawfully damage the reputation of the Service Provider and its Website;
      • viii. The Service Recipient is in arrears with any amounts due to the Service Provider;
      • ix. a legal or regulatory obligation under which the Service Provider is required to terminate the provision of all of its Electronic Services to a given Service Recipient;
      • x. exercise by the Service Provider of its right to terminate services for an overriding reason that arises under national law that is consistent with European Union law;
      • xi. repeated violation of the Terms of Service by the Customer;
      • xii. displaying within the Ads a property to which the Advertiser does not have legal title.

    • b. Restriction of Electronic Services is understood as actions aimed at limiting access to particular services provided by the Service Provider. Restriction of Electronic Services may consist, for example, of preventing access to selected functionalities and resources of the Site, including those available after logging into an Account (such as adding Ads, etc.), negatively affecting the placement of a Service Recipient's Ads in order to lower their position on the Site relative to other Ads, or withdrawing all Ads of that Service Recipient from the Site.

    • c. Suspension of Electronic Services is understood as actions aimed at depriving the Customer of access to all services provided by the Service Provider. Suspension of Electronic Services will consist, for example, of suspension of access to the Account. During the suspension of the Account, it is not possible to log into the Account and use its functionality and resources. Suspension of the Account may also result in the withdrawal of all Advertisements issued through it.

    • d. Restriction or suspension of Electronic Services may be for a specified period of time indicated by the Service Provider or for an indefinite period of time - until the reason for its application ceases. During the restriction or suspension of Electronic Services, the Client is obliged to take action to remove the reason that was the basis for the decision on restriction or suspension, and after removal of the reason, the Client is obliged to inform the Service Provider immediately. The Service Provider shall withdraw the imposed restrictions or suspensions immediately after the expiration of the period of their application, and in the case of a decision made for an indefinite period of time - immediately, but no later than within 10 calendar days from the confirmation of information about the cessation of the reason for their application.

    • e. The Service Provider shall decide how and to what extent to restrict, suspend or terminate the provision of Electronic Services to a particular Service Recipient in a manner that is reasonable, necessary and proportionate to the nature and extent of the existence of grounds for a particular decision and its consequences for the Service Recipient concerned. Before making a decision, the Service Provider shall, to the extent possible, call on the Service Recipient to cease violations, and only if the call proves ineffective or impossible - the Service Provider may make an appropriate decision. The Service Provider first undertakes to make a decision to restrict, and only then to suspend the provision of Electronic Services if the restriction itself proves insufficient or inexpedient. Termination of the provision of Electronic Services is tantamount to the deletion of the Client's Account and all data assigned to it - this is considered a final termination of the agreement with the Client and its basis can only be the reasons indicated in para. 7.6(a)(ix-xi) of the Regulations.

    • f. In the event of a decision to limit or suspend the provision of Electronic Services to a given Service Recipient, the Service Provider shall communicate to that Service Recipient - before or at the time the decision to limit or suspend takes effect - the reasons for the decision by means of an e-mail message.

    • g. In the event that the Service Provider decides to terminate the provision of all of its Electronic Services to a given Service Recipient, it shall provide that Service Recipient, at least 30 days prior to the date on which the decision to terminate the provision of Electronic Services takes effect, with the reasons for such decision by means of an e-mail message. The notification period referred to in the preceding sentence shall not apply in the event that the Service Provider:

      • i. is subject to a legal or regulatory obligation under which it is required to terminate the provision of all of its Electronic Services to a given Service Recipient in such a manner that it is unable to comply with this notification period,
      • ii. exercises the right to terminate services for an overriding reason that arises under national law that is compatible with European Union law,
      • iii. may demonstrate that a given Service Recipient has repeatedly violated the Terms and Conditions, resulting in termination of the entire provision of the Electronic Services in question.